Customs Related Matters. a. For Products that are to be imported into the United States, Seller shall comply with all applicable recommendations or requirements of the United States Bureau of Customs and Border Protection's (“US Customs”) Customs-Trade Partnership Against Terrorism (“C-TPAT”) initiative (for information go to ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/ and find the link to the C-TPAT section). At Constellium's or U.S. Customs' request, Seller shall certify in writing its compliance with the C-TPAT. Seller shall provide both Constellium and U.S. Customs access to Seller's facilities and to audit Seller's compliance with the foregoing. If the Products are transported via ocean carrier, Seller must also comply with U.S. Custom’s Importer Security Filing (“ISF”) and provide the necessary data to the freight forwarder selected by Constellium who will act as Constellium’s agent for filing of the ISF. All data required for the ISF must be in the freight forwarder’s possession not later than twenty-four (24) hours before the Products are loaded onto the ocean carrier or such earlier time as the freight forwarder may require. Neither Constellium nor its agents will be responsible for modifying ISFs after the Products is loaded onto the ship. Constellium may disallow the shipment of any Products if U.S. Customs issues any response other than accepted. b. Export licenses or authorizations necessary for the export of Products and related information (including deemed exports thereof) are Seller’s responsibility unless otherwise stated in the Purchase Order, in which case Seller will provide the information necessary to enable Constellium to obtain the licenses or authorizations. Seller will promptly notify Constellium in writing of any material or components used by Seller in filling the Purchase Order that Seller purchases in a country other than the country in which the Products are delivered. Seller will furnish any documentation and information necessary to establish the country of origin or to comply with the applicable country’s rules of origin requirements. Seller will promptly advise Constellium of any material or components imported into the country of origin and any duty included in the Products’ purchase price. If Products are manufactured in a country other than the country in which Products are delivered, Seller will mark Products “Made in [country of origin].” Seller will provide to Constellium and the appropriate governmental agency the documentation necessary to determine the admissibility and the effect of entry of Products into the country in which Products are delivered. Seller warrants that any information that is supplied to Constellium about the import or export of Products is true and that all sales covered by the Purchase Order will be made at not less than fair value under the anti-dumping laws of the countries to which the Products are exported. c. Products and/or containers shall be marked as per the requirements of applicable U.S. law including, but not limited to, 19 CFR §134 (as amended from time to time). Scientific and laboratory instruments shall be legibly and conspicuously so marked by die-stamping, case-in-the-mold lettering, acid or electrolytic etching, engraving, or by means of metal plates securely attached to the Products in a conspicuous place by welding, screws, or rivets. If the Products are not classifiable as specified above, any method of legible and conspicuous marking is acceptable provided it will require a deliberate and persistent effort to remove such marks of origin. Seller shall also be responsible for compliance with additional regulations and guidelines regarding supply chain security published by US Customs, the Canada Customs and Revenue Agency, and any other government or agency including, but not limited to, the Security and Accountability for Every Port Act of 2006. d. Credits or benefits resulting from the Purchase Order, including trade credits, export credits or the refund of duties, taxes, or fees, belong to Constellium. Seller will provide all information and certificates (including USMCA Certificates of Origin) necessary to permit Constellium to receive these benefits or credits. Seller agrees to fulfill any customs- or USMCA-related obligations, origin marking or labeling requirements, and local content origin requirements. If any changes by Seller during the term of the Order result in Constellium incurring any additional costs such as tariffs, duties, taxes, or other fees, Seller shall be solely responsible for payment or reimbursement of such additional costs. e. Seller shall indemnify and hold Constellium harmless from and against any liability, claims demands or expenses (including attorney's fees or other professional fees) arising from or relating to Seller's noncompliance with this Section. Seller will be responsible for the full costs of any delay in delivery of the Products caused by its failure to comply with the requirements of this Section including, without missing, incomplete, untimely or inaccurate data being furnished to Constellium, Constellium’s agents or any governmental authority.
Appears in 1 contract
Customs Related Matters. a. For Products that Credits or benefits resulting from the Order, including trade credits, export credits, or the refund of duties (including duty drawback), taxes, or fees, belong to CARIAD. Supplier, as identified in the Purchase Order, shall provide all information and certificates (including FTA certificates and USMCA Certificates of Origin) necessary to permit CARIAD to receive these benefits or credits. Supplier agrees to notify CARIAD of any Goods or Services which are subject to be imported into the United States, Seller shall comply with all applicable recommendations or requirements of the United States Bureau of Customs or any other country's import or export laws and Border Protection's (“US Customs”) Customs-Trade Partnership Against Terrorism (“C-TPAT”) initiative (for information go to ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/ fulfill any customs, FTA, or USMCA related obligations, origin marking, or labeling requirements, and find the link to the C-TPAT section)local content origin requirements. At Constellium's or U.S. Customs' request, Seller Supplier shall certify notify CARIAD in writing its compliance with the C-TPAT. Seller shall provide both Constellium and U.S. Customs access to Seller's facilities and to audit Seller's compliance with the foregoing. If the Products are transported via ocean carrier, Seller must also comply with U.S. Custom’s Importer Security Filing (“ISF”) and provide the necessary data to the freight forwarder selected by Constellium who will act as Constellium’s agent for filing of the ISF. All data required for the ISF must be in the freight forwarder’s possession not later than twenty-four (24) hours before the Products are loaded onto the ocean carrier or such earlier time as the freight forwarder may require. Neither Constellium nor its agents will be responsible for modifying ISFs after the Products is loaded onto the ship. Constellium may disallow the shipment of any Products if Goods subject to U.S. Customs issues export laws and regulations, including any response other than accepted.
b. changes to local, state or FTA or USMCA content, which in each case are subject to CARIAD approval. Export licenses or authorizations necessary for the export of Products and related information (including deemed exports thereof) Goods are SellerSupplier’s responsibility unless otherwise stated in the Purchase Order, in which case Seller will Supplier shall provide the information necessary to enable Constellium CARIAD to obtain the licenses or authorizations. Seller will Supplier shall promptly notify Constellium CARIAD in writing of any material or components used by Seller Supplier in filling the Purchase Order that Seller Supplier purchases in a country other than the country in which the Products Goods are delivered. Seller will Supplier shall furnish any documentation and information necessary to establish the country of origin or to comply with the applicable country’s rules of origin requirements. Seller will Supplier shall promptly advise Constellium CARIAD of any material or components imported into the country of origin and any duty included in the ProductsGoods’ purchase price. If Products Goods are manufactured in a country other than the country in which Products Goods are delivered, Seller will Supplier shall mark Products Goods “Made in [country of origin].” Seller will Supplier shall provide to Constellium CARIAD and the appropriate governmental agency the documentation necessary to determine the admissibility and the effect of entry of Products Goods into the country in which Products Goods are delivered. Seller This shall include supporting documentation required by Customs and Border Protection and any other governmental agencies, including, without limitation, the United States Department of Transportation (DOT), Environmental Protection Agency (EPA), and Food and Drug Administration (FDA). Supplier warrants that any information that is supplied to Constellium CARIAD about the import or export of Products Goods is true and that all sales covered by the Purchase Order will be made at not less than fair value under the anti-dumping laws of the countries to which the Products Goods are exported.
c. Products and/or containers . To the extent any Goods covered by the Order are to be imported into the United States of America, Supplier shall be marked as per the comply with all applicable recommendations or requirements of applicable U.S. law includingthe Bureau of Customs and Border Protection’s Customs-Trade Partnership Against Terrorism (“C-TPAT”) initiative. Upon request, but not limited to, 19 CFR §134 (as amended from time to time). Scientific and laboratory instruments Supplier shall be legibly and conspicuously so marked by die-stamping, case-in-the-mold lettering, acid or electrolytic etching, engraving, or by means of metal plates securely attached to the Products certify in a conspicuous place by welding, screws, or rivets. If the Products are not classifiable as specified above, any method of legible and conspicuous marking is acceptable provided it will require a deliberate and persistent effort to remove such marks of origin. Seller shall also be responsible for writing its compliance with additional regulations the C-TPAT initiative and guidelines regarding supply chain security published shall provide any supporting documentation requested by US Customs, CARIAD and/or the Canada Bureau of Customs and Revenue Agency, and any other government or agency including, but not limited to, the Security and Accountability for Every Port Act of 2006Border Protection.
d. Credits or benefits resulting from the Purchase Order, including trade credits, export credits or the refund of duties, taxes, or fees, belong to Constellium. Seller will provide all information and certificates (including USMCA Certificates of Origin) necessary to permit Constellium to receive these benefits or credits. Seller agrees to fulfill any customs- or USMCA-related obligations, origin marking or labeling requirements, and local content origin requirements. If any changes by Seller during the term of the Order result in Constellium incurring any additional costs such as tariffs, duties, taxes, or other fees, Seller shall be solely responsible for payment or reimbursement of such additional costs.
e. Seller shall indemnify and hold Constellium harmless from and against any liability, claims demands or expenses (including attorney's fees or other professional fees) arising from or relating to Seller's noncompliance with this Section. Seller will be responsible for the full costs of any delay in delivery of the Products caused by its failure to comply with the requirements of this Section including, without missing, incomplete, untimely or inaccurate data being furnished to Constellium, Constellium’s agents or any governmental authority.
Appears in 1 contract
Customs Related Matters. a. For Products that are to be imported into the United States, Seller shall comply with all applicable recommendations or requirements of the United States Bureau of Customs and Border Protection's (“US Customs”) Customs-Trade Partnership Against Terrorism (“C-TPAT”) initiative (for information go to ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/ and find the link to the C-TPAT section). At Constellium's or U.S. Customs' request, Seller shall certify in writing its compliance with the C-TPAT. Seller shall provide both Constellium and U.S. Customs access to Seller's facilities and to audit Seller's compliance with the foregoing. If the Products are transported via ocean carrier, Seller must also comply with U.S. Custom’s Importer Security Filing (“ISF”) and provide the necessary data to the freight forwarder selected by Constellium who will act as Constellium’s agent for filing of the ISF. All data required for the ISF must be in the freight forwarder’s possession not later than twenty-four (24) hours before the Products are loaded onto the ocean carrier or such earlier time as the freight forwarder may require. Neither Constellium nor its agents will be responsible for modifying ISFs after the Products is loaded onto the ship. Constellium may disallow the shipment of any Products if U.S. Customs issues any response other than accepted.
b. Export licenses or authorizations necessary for the export of Products and related information (including deemed exports thereof) are Seller’s responsibility unless otherwise stated in the Purchase Order, in which case Seller will provide the information necessary to enable Constellium to obtain the licenses or authorizations. Seller will promptly notify Constellium in writing of any material or components used by Seller in filling the Purchase Order that Seller purchases in a country other than the country in which the Products are delivered. Seller will furnish any documentation and information necessary to establish the country of origin or to comply with the applicable country’s rules of origin requirements. Seller will promptly advise Constellium of any material or components imported into the country of origin and any duty included in the Products’ purchase price. If Products are manufactured in a country other than the country in which Products are delivered, Seller will mark Products “Made in [country of origin].” Seller will provide to Constellium and the appropriate governmental agency the documentation necessary to determine the admissibility and the effect of entry of Products into the country in which Products are delivered. Seller warrants that any information that is supplied to Constellium about the import or export of Products is true and that all sales covered by the Purchase Order will be made at not less than fair value under the anti-dumping laws of the countries to which the Products are exported.
c. Products and/or containers shall be marked as per the requirements of applicable U.S. law including, but not limited to, 19 CFR §134 (as amended from time to time). Scientific and laboratory instruments shall be legibly and conspicuously so marked by die-stamping, case-in-the-mold lettering, acid or electrolytic etching, engraving, or by means of metal plates securely attached to the Products in a conspicuous place by welding, screws, or rivets. If the Products are not classifiable as specified above, any method of legible and conspicuous marking is acceptable provided it will require a deliberate and persistent effort to remove such marks of origin. Seller shall also be responsible for compliance with additional regulations and guidelines regarding supply chain security published by US Customs, the Canada Customs and Revenue Agency, and any other government or agency including, but not limited to, the Security and Accountability for Every Port Act of 2006.
d. If the Products are not delivered to Constellium, Credits or benefits resulting from the Purchase Order, including trade credits, export credits or the refund of duties, taxes, or fees, belong to Constellium. Seller will provide all information and certificates (including USMCA NAFTA Certificates of Origin) necessary to permit Constellium to receive these benefits or credits. Seller agrees to fulfill any customs- or USMCANAFTA-related obligations, origin marking or labeling requirements, and local content origin requirements. If any changes by Seller during the term of the Order result in Constellium incurring any additional costs such as tariffs, duties, taxes, or other fees, Seller shall be solely responsible for payment or reimbursement of such additional costs.
e. Seller shall indemnify and hold Constellium harmless from and against any liability, claims demands or expenses (including attorney's fees or other professional fees) arising from or relating to Seller's noncompliance with this Section. Seller will be responsible for the full costs of any delay in delivery of the Products caused by its failure to comply with the requirements of this Section including, without missing, incomplete, untimely or inaccurate data being furnished to Constellium, Constellium’s agents or any governmental authority.
Appears in 1 contract
Customs Related Matters. a. For Products that are to be imported into the United States, Seller shall comply with all applicable recommendations or requirements of the United States Bureau of Customs and Border Protection's (“US Customs”) Customs-Trade Partnership Against Terrorism (“C-TPAT”) initiative (for information go to ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/ and find the link to the C-TPAT section). At Constellium's or U.S. Customs' request, Seller shall certify in writing its compliance with the C-TPAT. Seller shall provide both Constellium and U.S. Customs access to Seller's facilities and to audit Seller's compliance with the foregoing. If the Products are transported via ocean carrier, Seller must also comply with U.S. Custom’s Importer Security Filing (“ISF”) and provide the necessary data to the freight forwarder selected by Constellium who will act as Constellium’s agent for filing of the ISF. All data required for the ISF must be in the freight forwarder’s possession not later than twenty-twenty four (24) hours before the Products are loaded onto the ocean carrier or such earlier time as the freight forwarder may require. Neither Constellium nor its agents will be responsible for modifying ISFs after the Products is loaded onto the ship. Constellium may disallow the shipment of any Products if U.S. Customs issues any response other than accepted.
b. Export licenses or authorizations necessary for the export of Products and related information (including deemed exports thereof) are Seller’s responsibility unless otherwise stated in the Purchase Order, in which case Seller will provide the information necessary to enable Constellium to obtain the licenses or authorizations. Seller will promptly notify Constellium in writing of any material or components used by Seller in filling the Purchase Order that Seller purchases in a country other than the country in which the Products are delivered. Seller will furnish any documentation and information necessary to establish the country of origin or to comply with the applicable country’s rules of origin requirements. Seller will promptly advise Constellium of any material or components imported into the country of origin and any duty included in the Products’ purchase price. If Products are manufactured in a country other than the country in which Products are delivered, Seller will mark ▇▇▇▇ Products “Made in [country of origin].” Seller will provide to Constellium and the appropriate governmental agency the documentation necessary to determine the admissibility and the effect of entry of Products into the country in which Products are delivered. Seller warrants that any information that is supplied to Constellium about the import or export of Products is true and that all sales covered by the Purchase Order will be made at not less than fair value under the anti-dumping laws of the countries to which the Products are exported.
c. Products and/or containers shall be marked as per the requirements of applicable U.S. law including, but not limited to, 19 CFR §134 (as amended from time to time). Scientific and laboratory instruments shall be legibly and conspicuously so marked by die-stamping, case-in-the-mold lettering, acid or electrolytic etching, engraving, or by means of metal plates securely attached to the Products in a conspicuous place by welding, screws, or rivets. If the Products are not classifiable as specified above, any method of legible and conspicuous marking is acceptable provided it will require a deliberate and persistent effort to remove such marks of origin. Seller shall also be responsible for compliance with additional regulations and guidelines regarding supply chain security published by US Customs, the Canada Customs and Revenue Agency, and any other government or agency including, but not limited to, the Security and Accountability for Every Port Act of 2006.
d. If the Products are not delivered to Constellium, Credits or benefits resulting from the Purchase Order, including trade credits, export credits or the refund of duties, taxes, or fees, belong to Constellium. Seller will provide all information and certificates (including USMCA NAFTA Certificates of Origin) necessary to permit Constellium to receive these benefits or credits. Seller agrees to fulfill any customs- or USMCANAFTA-related obligations, origin marking or labeling requirements, and local content origin requirements. If any changes by Seller during the term of the Order result in Constellium incurring any additional costs such as tariffs, duties, taxes, or other fees, Seller shall be solely responsible for payment or reimbursement of such additional costs.
e. Seller shall indemnify and hold Constellium harmless from and against any liability, claims demands or expenses (including attorney's fees or other professional fees) arising from or relating to Seller's noncompliance with this Section. Seller will be responsible for the full costs of any delay in delivery of the Products caused by its failure to comply with the requirements of this Section including, without missing, incomplete, untimely or inaccurate data being furnished to Constellium, Constellium’s agents or any governmental authority.
Appears in 1 contract
Customs Related Matters. a. (a) For Products Supplies that are to be imported into the United States, Seller shall comply with all applicable recommendations or requirements of the United States Bureau of Customs and Border Protection's (“US Customs”) Customs-Trade Partnership Against Terrorism (“"C-TPAT”") initiative (for information go to ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/ and find the link to the C-TPAT section). This program is designed to protect the supply chain from the shipment of prohibited items into the United States or to any of Buyer’s facilities, suppliers or customers, wherever they may be geographically located. At ConstelliumBuyer's or U.S. Customs' the US Custom’s request, Seller shall certify in writing its compliance with the C-TPAT. Seller shall provide both Constellium Buyer and U.S. Customs access to Seller's facilities and to audit Seller's compliance with the foregoing. .
(b) If the Products Supplies are transported via ocean carrier, Seller must also comply with U.S. Custom’s Importer Security Filing (“ISF”) and provide the necessary data to the freight forwarder selected by Constellium ▇▇▇▇▇ who will act as Constellium▇▇▇▇▇’s agent for filing of the ISF. All data required for the ISF must be in the freight forwarder’s possession not later than twentyforty-four eight (2448) hours before the Products Supplies are loaded onto the ocean carrier or such earlier time as the freight forwarder may requirerequire or be subject of a NO LOAD ORDER and/or substantial penalties. If the ISF information is not timely or accurately supplied, Seller will be responsible for the payment of all damages suffered or incurred by Buyer including, without limitation, storage charges, fees, fines and penalties and all disruptions to production. Neither Constellium Buyer nor its agents will be responsible for modifying ISFs after the Products Supplies is loaded onto the ship. Constellium Buyer may disallow the shipment of any Products Supplies if U.S. Customs issues any response other than accepted.
b. (c) For Supplies to be imported into Canada, Seller shall comply with all applicable recommendations or requirements of the Canada Customs and Revenue Agency's initiative Partner's in Protection ("PIP") (for information go to ▇▇▇▇://▇▇▇.▇▇▇- ▇▇▇▇.▇▇.▇▇/▇▇▇▇▇▇▇/▇▇▇▇▇▇▇/▇▇▇▇▇▇▇▇▇▇/▇▇▇▇▇▇▇▇/ menu-e.html). At Buyer's or the Canadian Customs and Revenue Agency's request, Seller shall certify in writing its compliance with the foregoing.
(d) Export licenses or authorizations necessary for the export of Products and related information (including deemed exports thereof) Supplies are Seller’s responsibility unless otherwise stated in the Purchase Order, in which case Seller will provide the information necessary to enable Constellium Buyer to obtain the licenses or authorizations. Specifically, if performance of the Order involves the use of or access to articles, technical data or software that is subject to export controls under US law including, without limitation, under The Arms Export Controls Act (22 USC §§2778-2794), ITAR (22 CFR 120-130), Export Administration Act (15 CFR 730-774), Foreign Asset Control Regulation (31 CFR Parts 500-599), or any successor, replacement or supplemental laws and additional regulations promulgated thereunder, Seller shall ascertain applicability and comply in every respect Seller will promptly notify Constellium Buyer in writing of any material or components used by Seller in filling the Purchase Order that Seller purchases in a country other than the country in which the Products Supplies are delivered. Seller will furnish any documentation and information necessary to establish the country of origin or to comply with the applicable country’s rules of origin requirements. Seller will promptly advise Constellium Buyer of any material or components imported into the country of origin and any duty included in the ProductsSupplies’ purchase price. If Products Supplies are manufactured in a country other than the country in which Products Supplies are delivered, Seller will mark Products Supplies “Made in [country of origin].” Seller will provide to Constellium Buyer and the appropriate governmental agency the documentation necessary to determine the admissibility and the effect of entry of Products Supplies into the country in which Products Supplies are delivered. Seller warrants that any information that is supplied to Constellium Buyer about the import or export of Products Supplies is true and that all sales covered by the Purchase Order will be made at not less than fair value under the anti-dumping laws of the countries to which the Products Supplies are exported. Seller will indemnify and hold Buyer harmless from and against any damages, fines, penalties and costs, including attorney’s fees and costs arising out of or related to a breach of Seller’s obligations under this section 25.
c. Products (e) Supplies and/or containers shall be marked as per the requirements of applicable U.S. law including, but not limited to, 19 CFR §134 (as amended from time to time). Scientific and laboratory instruments shall be legibly and conspicuously so marked by die-stamping, case-case- in-the-mold lettering, acid or electrolytic etching, engraving, or by means of metal plates securely attached to the Products Supplies in a conspicuous place by welding, screws, or rivets. If the Products Supplies are not classifiable as specified above, any method of legible and conspicuous marking is acceptable provided it will require a deliberate and persistent effort to remove such marks of origin. Seller shall also be responsible for compliance with additional regulations and guidelines regarding supply chain security published by US Customs, the Canada Customs and Revenue Agency, and any other government or agency including, but not limited to, the Security and Accountability for Every Port Act of 20062006 (the "SAFE Port Act").
d. (f) Credits or benefits resulting from the Purchase Order, including those under current and future Free Trade Agreements between the United States and specific countries (including, without limitation, NAFTA, Chile, Korea, Australia and CAFTA-DR), trade credits, export credits or the refund of duties, taxes, or fees, belong to ConstelliumBuyer. Seller will provide all information and certificates (including USMCA NAFTA Certificates of Origin) necessary to permit Constellium Buyer to receive these benefits or credits. Seller must continuously monitor Seller’s materials sourcing, bills of materials and/or formulations for changes which might affect the validity of any origin determination or certificate provided to Buyer. Seller agrees to fulfill any customs- or USMCA-NAFTA- related obligations, recordkeeping, origin marking or labeling requirements, and local content origin requirements. If any changes by Seller during requirements such that reasonable care can be shown in the term preparation of the Order result in Constellium incurring any additional costs such as tariffs, duties, taxes, or other fees, Seller shall be solely responsible for payment or reimbursement of such additional coststhese documents.
e. (g) Seller shall indemnify and hold Constellium Buyer harmless from and against any liability, claims demands or expenses (including attorney's fees or other professional fees) arising from or relating to Seller's noncompliance with this Section. Seller will be responsible for the full costs of any delay in delivery of the Products Supplies caused by its failure to comply with the requirements of this Section 25 including, without missing, incomplete, untimely or inaccurate data being furnished to ConstelliumBuyer, ConstelliumBuyer’s agents or any governmental authority.
Appears in 1 contract
Sources: Purchase Order